Frequently Asked Questions
Q: Does my case have a deadline ?
A: Yes. The Statute of Limitations for a bodily injury claim is 2 years in Oregon (longer for children) and 3 years in Washington. Your case must either be settled by then or a lawsuit against the responsible party must be filed, or your claim may be barred forever.
Q: What is my case worth ?
A: There is no set formula for determining the value of your bodily injury case. Generally, if the accident wasn’t your fault, you’re entitled to recover economic damages (e.g. medical bills, lost wages, …) and non-economic damages (e.g. money for “pain and suffering”, inconvenience, disruption of activities of daily living, …). The severity and duration of your injury, what medical care you received, the effect on your lifestyle, and the circumstances of your accident all go into determining the non-economic damages in your case. An experienced lawyer should be able to tell you a reasonably accurate value for your bodily injury case.
Q: Who pays my medical bills ?
A: In Oregon, Personal Injury Protection (PIP) coverage is included on every auto insurance policy. It is medical insurance that applies to car accidents. Your own auto insurer (or the insurer of the car in which you were a passenger) pays your medical bills and, sometimes, lost wages. Your insurer will then seek reimbursement for those payments from the other driver’s insurer. In Washington, PIP coverage is optional and you may not have it.
If you were a pedestrian hit by a car, the PIP coverage on that car sometimes extends to you.
Q: The other car had no insurance. What now ?
A: In Oregon, every auto insurance policy is required to have “uninsured motorist” coverage. Your own insurer will pay the damages that the uninsured motorist would have owed you. In Washington, “uninsured motorist” coverage is optional, and you may not have it.
Q: I had no car insurance. What now ?
A: You’re required to have auto insurance when driving in Oregon and Washington. If you were uninsured at the time of your accident, Oregon law may bar you from recovering non-economic damages. There are exceptions to that law, and you should consult an experienced Oregon attorney to review whether those exceptions apply to you.
Q: My insurance company said that I have to go to an “independent medical exam” (IME). Do I ?
A: Your auto insurance policy usually requires you to do so. Failure to do so could, on its own, breach your insurance contract, allowing your insurer to deny coverage. Even if you go to an IME, the result is often your insurer denying any further medical care. If your insurer wrongfully denies your benefits you have several options, including demanding arbitration under the policy or simply suing your insurer for breach of contract.
Q: I agreed to settle my case with the insurance company over the phone a few days after the accident. Is that a valid settlement ?
A: Not always. If you have your own auto insurance with PIP coverage, the settlement with the other insurance company usually has to be in writing. Even when a settlement agreement is in writing, it oftentimes can be rescinded, if done so within five (5) days and in writing. It is very important that you contact an experienced lawyer immediately if you want to rescind a settlement. If you’ve entered into a valid settlement agreement, and do not have it rescinded, any future claims arising from this same case may be barred forever.